LEBEAU v. STATE (2022)

Supreme Court of North Dakota.

Raynard Leroy LEBEAU, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee

No. 20210221

Decided: January 06, 2022

Kiara C. Kraus-Parr, Grand Forks, ND, for petitioner and appellant. Renata J. Olafson Selzer, Assistant State's Attorney, Fargo, ND, for respondent and appellee.

[¶1] Raynard Leroy Lebeau appeals from an order of the district court summarily dismissing his second application for postconviction relief. Lebeau argues the district court erred in dismissing his application because he received ineffective assistance of counsel in the underlying criminal matter. Because Lebeau's claims are barred by res judicata under N.D.C.C. § 29-32.1-12, and Lebeau failed to raise any genuine issue of material fact in response to the State's motion for summary dismissal, we summarily affirm under N.D.R.App.P. 35.1(a)(2) and (7); See Atkins v. State, 2021 ND 112, 961 N.W.2d 278 (summarily affirming denial of an application for postconviction relief under N.D.R.App.P. 35.1(a)(2) and (7) where the claims were barred by res judicata and the petitioner failed to raise a genuine issue of material fact).

Per Curiam.

[¶2] Jon J. Jensen, C.J. Gerald W. VandeWalle Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network